Real Property

In the aftermath of the burst real estate bubble, the pendulum is beginning its backward swing. Speculation is rampant and the stakes have never been higher. While this new market paradigm represents tremendous opportunity, the risk is equally pronounced and the need to mitigate exposure is critically important.

As a large law firm with substantial real estate, land use and zoning capabilities, Wilson Elser has the experience and deep bench required to represent real estate professionals, from simple residential closings to the most complex transactions.

Wilson Elser’s real estate practice stays abreast of this transforming landscape, mirrors the increased complexity and sophistication of real estate law and pursues sensible, yet innovative approaches to resolving complex legal matters. We pride ourselves on a tradition of establishing close, long-term relationships with a growing base of clients. Steeped in their businesses, we serve as active partners – not just attorneys – in advancing their ambitious objectives. In light of the real estate industry’s continued integration with the capital markets and its increased vulnerability to litigation, we frequently work cross-practice with other Wilson Elser attorneys. For example, we collaborate with counterparts in our Bankruptcy, Litigation, Corporate, Local Government Relations and Environmental practices when it helps to realize our clients’ desired outcomes.

Sales and acquisitions for commercial, office, industrial and development properties

Commercial and Residential mortgage loans

Construction loans

Office leases

Shopping center leases

Ground leases

Foreclosure proceedings and sales

Land use, zoning and planning

Environmental review and remediation issues

Loan workouts and restructuring

Landlord-tenant issues

Litigation

Corporate governance

We are able to serve several of our clients as a single, integrated source for handling all matters of real estate law. Moreover, we ensure the hands-on involvement of senior partners, whose services are efficiently delivered in keeping with the realities of our clients’ closely scrutinized budgets and the quality standards of our firm.

Our attorneys represent clients on either side of sales/acquisition transactions. In these times of especially tight money, with interest rates kept artificially low by the Fed, it is critical that counsel on mortgage and construction loans be insightful, timely and precise. We provide capable assistance in guiding lending institutions and borrowers throughout this process up to and through closing.

Dealing with municipalities on real estate matters can be particularly daunting. Wilson Elser knows and is known by city managers, city counsels and other legislative officials throughout municipal corridors. We are equally familiar with the people, processes and procedures that comprise the regulatory labyrinth. Our attorneys work on all phases of site plan, subdivision and zoning variance processes for clients seeking municipal approvals. We carefully guide clients through the permit application procedures and accompanying, often elaborate, environmental reviews.

Wilson Elser attorneys also represent municipalities on planning and zoning boards, in reviewing and opining on land use proposals. We bring to bear our substantial litigation experience in representing clients before state and federal courts in matters principally related to zoning and land use.

The practice is rounded out with the financial service acumen and experience required to successfully complete complicated real estate transactions. We routinely provide counsel on out-of-court workouts and restructures involving office buildings, condominium and townhouse projects, warehouses, retail and apartment complexes. We also handle state and federal court litigation, including replevin actions, receiverships, mortgage foreclosures and defense of lender liability claims as well as judgment enforcement. The practice is characterized by a proactive approach that emphasizes consensual loan workout arrangements where possible and strong and aggressive litigation where necessary.

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I have known and worked with Tom for about 15 years. Tom is an extremely gifted lawyer who has successfully handled a variety of complex cases involving a wide array of products. He has served as national counsel for several large manufacturers. He has a cheerful, courteous demeanor that, coupled with his ability, earns him the respect of counsel opposite and of the court. Tom is in all respects a superb lawyer.

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Diversity

At Wilson Elser, we believe that cultivating an environment that embraces and promotes diversity is a foundational value, critical to the success of our firm and central to the integrity and vitality of the legal field. Bringing together people of different backgrounds and beliefs, people with diverse perspectives, fosters the innovative and creative thinking that enhances our response to the needs of our clients. Wilson Elser’s commitment to diversity informs our efforts in recruitment, hiring and training as well as the organizations to which we belong and the programs we sponsor.

We believe in creating a work environment free of barriers and bias, where individual outlooks and talents are respected and valued. Our firm’s policy is to ensure equal employment opportunity without discrimination or harassment based on race, color, national origin, religion, age, sex, disability, citizenship, marital status, sexual orientation or any other characteristic protected by the law.

Beyond legal compliance, our firm strives to mirror the rich diversity of the communities in which we practice, to respect the diversity of our clients and their workforce and to employ best practices to identify, select, hire, retain and promote qualified individuals without boundaries or limitations, other than those imposed by their own choices and capabilities. This allows us to better represent our clients in today’s diverse, multicultural society.

Wilson Elser is also committed to promoting diversity through the selection of vendors. We actively seek certified minority- and women-owned businesses and provide them with the opportunity to partner with us to provide services to our firm and our clients.

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